1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 KERR COUNTY COMMISSIONERS COURT Emergency Session Monday, June 27, 2005 2:30 p.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas BURN BAN PRESENT: PAT TINLEY, Kerr County Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 JONATHAN LETZ, Commissioner Pct. 3 DAVE NICHOLSON, Commissioner Pct. 4 ABSENT: WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 `~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 z On Monday, June 27, 2005, at 2:30 p.m., an emergency meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE TINLEY: Let me call to order the emergency meeting of the Kerr County Commissioners Court scheduled for this date and time, Monday, June 27th, 2005, at 2:30 p.m. Due to exigent circumstances and circumstances which could not reasonably be foreseen, we had this meeting called. The only item on the agenda is consider and discuss implementing the burn ban. COMMISSIONER BALDWIN: Judge, I move we implement the burn ban for 90 days. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for implementation of the burn ban for a period of 90 days. Commissioner, I assume, as in the past, this permits each Commissioner, at his discretion, at any point in time to lift the burn ban, reimpose it within that respective Commissioner's precinct? COMMISSIONER BALDWIN: Yes, it does. JUDGE TINLEY: Okay. All right. Any further question or discussion on the motion? COMMISSIONER LETZ: Question. Do we have a 6-_'7-OS emq 3 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 copy handy of our current order anywhere? The reason I was looking at it -- and I can't remember, and I can't see. COMMISSIONER BALDWIN: God, we're in trouble. COMMISSIONER LETZ: But I -- JUDGE TINLEY: If he can't see it, it doesn't make any difference if he can remember or not, does it? COMMISSIONER LETZ: In the last sentence, it says, "In accordance with Local Government Code Section 352.081.H, a violation of this order is a Class C misdemeanor punishable by a fine not to exceed $500." And we need to stress that to the press, possibly, and maybe e-mail that to them. 'Cause I think that, being a new year and a new summer, that it might be a very good idea to really implement -- COMMISSIONER BALDWIN: Might want to remind the law enforcement as well. COMMISSIONER LETZ: Yeah. 'Cause I know that -- I mean, the reason I was thinking about it is 'cause Comal County is -- they made a big deal about the $500 fine if they burn illegally in that county, and I think that it's much more of a deterrent than just saying you can't do it. COMMISSIONER BALDWIN: There was -- yeah. I think you brought up the fire Saturday on Sheppard Rees. We just got a report that it broke out again yesterday; they spent two and a half hours up there yesterday fighting it, 5-27-OS emy 4 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 same one. COMMISSIONER NICHOLSON: Kathy, about the first week or second week in September, will you remind us that we're going to need another court order? MS. MITCHELL: Yes, sir. COMMISSIONER NICHOLSON: 'Cause I think this is the second time we let that slip. So I won't have to come back down here at 2:30 in the afternoon. COMMISSIONER LETZ: Commissioner, your motion authorized the County Judge to sign? COMMISSIONER BALDWIN: Absolutely, if there needs a signature on it. MS. PIEPER: It's right there, Judge. JUDGE TINLEY: Any further question or discussion on the motion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (NO response.) JUDGE TINLEY: That motion does carry. Any further business? COMMISSIONER NICHOLSON: I presume we're all going to leave the burn ban in effect? COMMISSIONER LETZ: Yes. COMMISSIONER BALDWIN: Yes. 6-G9-US emq 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: Commissioner Williams is not here, but his will be in effect too. COMMISSIONER LETZ: His direction was he wanted it put in place, I believe. JUDGE TINLEY: We'll stand adjourned. (Emergency meeting adjourned at 2:35 p.m.) STATE OF TEXAS ~ COUNTY OF KERR ~ The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 1st day of July, 2005. JANNETT PIEPER, Kerr County Clerk BY: __1~/' ________ _ ________ Kathy anik, Deputy County Clerk Certified Shorthand Reporter 6-2"7-OS emg ORDER N0.29236 ORDER RESTRICTING OUTDOOR BURNING On this 27`h day of June, 2005 upon motion made by Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of 3-0-0, the implementation of the burn ban for a period of 90 days. Each Commissioner at his discretion, at any point in time to lift the burn ban, reimpose it within that respective Commissioner's precinct.